MPA TERMS & CONDITIONS AND IMPORTANT DISCLOSURES
Last updated: May 07, 2022
Terms and Conditions of mpa.minervini.com DBA Minervini Private Access owned and operated by Minervini Private Access, LLC (MPA). These terms apply to all our products and services including but not limited to Minervini Private Access, MonAlert, TradingLogger, Master Trader Program workshop, etc.
MINERVINI PRIVATE ACCESS IS FOR EDUCATIONAL PURPOSES ONLY. YOU AGREE AND ACKNOWLEDGE THAT NO INDIVIDUALS ASSOCIATED WITH MINERVINI PRIVATE ACCESS AND RELATED SITES ARE REGISTERED INVESTMENT ADVISORS OR REGISTERED WITH A BROKER-DEALER, AND YOU EXPRESSLY DISCLAIM ANY RELIANCE ON MINERVINI PRIVATE ACCESS FOR INVESTMENT ADVICE RELATING TO ANY INDIVIDUAL SECURITY OR INVESTMENT.
YOU ALSO ACKNOWLEDGE AND AGREE TO THE MPA AUTO RENEWAL, CANCELLATION AND NO REFUND POLICIES PRESENTED TO YOU UPON REGISTRATION ON THE SIGN-UP PAGE AND AS DISCLOSED IN OUR TERMS AND CONDITIONS.
1. Acceptance of Terms
In addition, when using any of our Services, You and MPA shall be subject to any other posted guidelines or rules applicable to such Services. These guidelines or rules are hereby incorporated by reference into the TAC.
Subject to and in compliance with the terms and conditions set forth herein, MPA may provide its users with access via the Sites to:
· Free content including blogs and forums written by our employees and contractors, videos, emails, podcasts, webinars, conference calls and content created by our users (User-Generated Content), and free content written or provided by third parties which may include, without limitation, text, data, graphics, photographs, videos, or downloadable code or programs (“Third-Party Content”) (together, the “Free Service”); and
· Premium content including blogs and forums written by our Columnists, educational content and materials (including presentations/PDFs, videos, blogs, forums, emails, podcasts, webinars and printed materials), Third-Party Content, emails, videos, podcasts, webinars and conference calls and User-Generated Content for which You must pay a subscription fee (or in some cases a one-time fee) to access (together, the “Premium Service”).
The Premium Service(s) and the Free Service(s) are collectively referred to herein as the “Services”.
Current applicable subscription rates for any Premium Service can be found on such Premium Service’s offer page or by contacting our Customer Service Department via email at email@example.com
2. Changes to the TAC and Our Services
We reserve the right at any time to:
· Change the terms and conditions;
· Change all or any portion of the Services (including but not limited to adding or removing particular Columnists, ceasing to provide access to a Premium Service, and/or providing an alternative Premium Service to You as a replacement), and/or ceasing to provide Third-Party Content; or
· Change the fees, charges or other conditions for use of the Services (with reasonable notice, in our sole discretion).
Any changes we make to the TAC will be effective immediately after we post the modified TAC on mpa.minervini.com. The applicable TAC are the most recent version of the TAC posted on our Sites. In addition, if a Premium Service is added or removed, or the terms of their engagement has changed, the TAC may be modified with respect to such Premium Service. You should check our TAC frequently.
3. Important Disclaimer Regarding the Information We Provide
MPA is a publisher and education company. The content provided in the Sites and Services is not investment advice. It is provided for educational and informational purposes only. The information provided does not constitute an offer to sell nor a solicitation of an offer to buy securities of any kind. The material does not take into account Your particular investment objectives. Investors should consult their own financial or investment advisor before trading or acting upon any information provided. You understand that no content published as part of the Sites or Services constitutes a recommendation that any particular investment, security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of the creators or providers of our Sites or Services or their affiliates will advise You personally concerning the nature, potential, value or suitability of any particular investment, security, portfolio of securities, transaction, investment strategy or other matter. Therefore, You should not attempt to contact them seeking personalized investment advice. To the extent any of the content published as part of the Sites or Services may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person. The information provided is made to investors and traders in general and without regard to Your investment goals, financial circumstances, investment knowledge and Your abilities or personal attitudes towards investing or trading. Investors can and do lose money from investments. The information provided is not to be relied upon for Your investment decision. Your decision to buy any securities is as a result of Your own free will, Your own research, and after consulting Your investment advisor. Under no circumstances will MPA, its business units, subsidiaries, affiliates (including Mark Minervini) will be responsible as a result of using the Sites and Services. You agree to hold MPA and its affiliates completely harmless.
You understand that the views expressed in the Sites and Services are the authors’ own opinions. The Sites and Services may contain opinions from time to time with regard to securities mentioned in other Sites or Services, and that those opinions may be different from those obtained by using another portion of the Sites or Services. Trading in securities (including, without limitation, stocks, options, ETFs and bonds) involves risk and volatility. Past results are not indicative of future performance.
You understand and agree that certain of MPA’s affiliates and employees may hold licenses with FINRA, the SEC or states securities authorities and these licenses may or may not be disclosed in the Sites and Services.
You understand and agree that certain of MPA’s affiliates and employees may, from time to time, have long and short positions in, or buy or sell the securities, or derivatives thereof, of companies mentioned in respective Sites or Services and may take positions inconsistent with or contrary to the views expressed.
Third-Party Content is not subject to MPA’s investment policy and therefore the preceding paragraph does not apply to Third-Party Content. MPA makes no representations regarding Third-Party Content, nor is MPA liable for Third-Party Content.
You understand that we obtain performance data from sources believed to be reliable, that the calculations available on the Sites and Services are made using such data, and that these sources, the information providers, or any other person or entity do not guarantee such calculations and the calculations may not be complete.
From time to time, we may reference prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or recommendation, and may not be current. Markets change continuously. Therefore, you should not rely on previously published information and data.
The Sites and Services may be temporarily unavailable from time to time for maintenance or other reasons. MPA will not issue any partial refunds when this occurs. MPA assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Sites and Services. MPA is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, or software occurring for any reason, including but not limited to, on account of technical problems or traffic congestion on the Internet or at any site or with respect to the MPA or combination thereof, including injury or damage to any person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading content in connection with the Web and/or in connection with the Sites and Services. Under no circumstances will MPA or any of its affiliates be responsible for any loss or damage, including any personal injury or death, resulting from anyone’s use of the MPA, or any interactions between MPA and users of the Sites and Services, whether online or offline.
When U.S. exchanges are open, any quotes (other than those obtained through the real-time quote services available to users of certain Services) are delayed. When U.S. exchanges are not open, quotes are only current as of the close of the last day of trading. Before selling or buying any investment, You should consult with a qualified broker or other financial professional to verify pricing information.
THE MPA SERVICE IS NOT A PORTFOLIO, INVESTMENT PLAN OR A REPRESENTATION OF MARK MINERVINI’S PERSONAL TRADING.
In the event or to the extent any of our Services involves a model portfolio or an actual portfolio of investments, the model’s author chooses such portfolio of investments is in accordance with that author’s stated investment strategy. Your actual results may differ from results reported for the portfolio for many reasons, including, without limitation:
· performance results for the portfolio do not reflect actual trading commissions that You may incur;
· performance results for the portfolio do not account for the impact, if any, of certain market factors, such as lack of liquidity, that may affect Your results;
· the investments chosen for the portfolio may be volatile;
· the prices of investments in the portfolio at the point in time You begin subscribing to the Premium Service may be higher than such prices at the time such investments were chosen for inclusion in the portfolio;
· You may not have the capital to trade as frequently as the portfolio;
· the size and timing of a subscriber’s purchase or sale of a stock may affect the price of the stock.
4. Registration and Privacy
In order to gain access to portions of the Sites or Services, You must create an account. We may refuse to grant You a user name and member name that is threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, impersonates someone else, is or may be protected by trademark or proprietary rights law, or is hatefully, racially, ethnically or otherwise objectionable, or inappropriate, as determined by us in our sole discretion. In consideration of Your use of the Sites or Services, You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide accurate, current and complete information about Yourself as prompted by the Services’ registration form and (b) maintain and promptly update Your registration data to keep it accurate, current and complete.
As a member, You also have certain other obligations relating to Your account:
· You may not transfer to or resell Your use of or access to the Sites or Services to any third party;
· You are responsible for all activities that occur under Your account;
· You are responsible for maintaining the confidentiality of Your user name, member name and password; and
· You agree to notify us at firstname.lastname@example.org if You become aware of any possible unauthorized use(s) of Your account or any possible breach of security, including loss, theft, or unauthorized disclosure of Your user name, member name or password.
· A maximum of one simultaneous log-in is allowed per account. This simultaneous login limit applies to the total number of logins at any given time regardless of device type (i.e., computers, tablets, mobile devices, etc.).
5. Subscription Renewal and Cancellation Policy for Premium Service
YOU SHOULD READ THESE AND ALL RELATED TERMS AND NOTICES BEFORE YOU SUBSCRIBE TO A PREMIUM SERVICE.
There are NO free trials and NO refunds to MPA Premium Services. You will not be eligible for a refund if we determine, in our sole discretion, that You have violated any part of these TAC.
Your initial subscription for the Premium Service will grant You unlimited access (the “Term”) to all the content and materials (including educational content), Please note: When Your subscription begins (when You register for a Premium Service), MPA will charge Your credit, debit or charge card the applicable subscription fee.
NOTE: BY DEFAULT, YOUR MEMBERSHIP SUBSCRIPTION AUTOMATICALLY RENEWS AT THE END OF EACH TERM!
IF YOU CHOOSE TO PAY BY CREDIT, DEBIT OR CHARGE CARD, YOU AUTHORIZE MPA TO PROCESS A PAYMENT WITH SUCH CARD AUTOMATICALLY EVERY SUBSCRIPTION PERIOD WHEN PAYMENT IS DUE UNTIL YOU NOTIFY US IN WRITING TO CANCEL YOUR MEMBERSHIP AS OUTLINED IN THESE TERMS AND CONDITIONS.
If You cancel Your subscription, You will NOT receive a refund or reimbursement of any previous subscription fees You have paid; however, You will not be charged any future subscription fees. If You do not notify us as described above, we will charge Your credit card that we have on file the applicable renewal fees. You will not receive a refund, reimbursement or other credit of Your subscription fee after Your subscription has renewed.
In connection with recurring billing for subscription renewals, You authorize MPA to bill Your credit card regardless of whether the other information associated with Your subscription has changed, including but not limited to the expiration date of the physical card with which You subscribed. We may receive updated information about Your account from the financial institution issuing Your credit, debit or charge card. You agree to pay all fees and charges incurred in connection with Your username, member name and password (including any applicable taxes) at the rates in effect when the charges were incurred. You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts You owe MPA, You will be liable for all attorneys’ and collection agency fees associated with doing so.
You may cancel at any time WITHOUT ANY REFUND! Notifications for cancellations must be emailed AT LEAST 1-WEEK PRIOR to your membership renewal date. Cancellations received less than 1-week prior will be billed for the next subscription period.
• Please note ALL SALES ARE FINAL and we do not issue credits or refunds.
• When cancellation is requested by You, subscription fees for the unused portion are not refunded. You are, however, still liable for charges agreed to for the subscription period You have chosen.
• E-Mail all cancellation notices to email@example.com.
• It is your responsibility to initiate the cancellation request.
• Cancellation of service is not official until You receive an e-mail confirmation from us. If You do not receive a cancellation confirmation & acknowledgement within 48 hours of request (excluding weekends and holidays), You must call our offices at 917-268-1800 to confirm cancellation and verify that your email address on file is correct.
From time-to-time, special offers may be made available to prospective customers or subscribers that were not available at the time You subscribed. We will have no obligation to offer You credits, refunds or match any offer that we may offer to other subscribers.
6. MPA’s Proprietary Rights
The Sites and Services and the content distributed through the Sites and Services, not including any User-Generated Content or Third-Party Content, is the property of MPA and/or its licensors. You may access and use the content from the Sites or Services, solely for Your personal, noncommercial use.
You acknowledge that You do not acquire any ownership rights by using the Services. ALL INFORMATION IS CONFIDENTIAL AND NOT FOR REDISTRIBUTION. If You are interested in reprinting, republishing or distributing content from MPA, please contact us at firstname.lastname@example.org. If you choose to submit content for publication through the Services, such as guest commentary or guest opinions, such content shall be exclusive to MPA, deemed to be property of MPA, and by submitting such content You irrevocably assign any and all rights to such content to MPA.
Minervini Private Access”, “SEPA”, “Leadership Profile”, “MPA,” and certain other marks used on the Sites are trademarks and/or service marks of MPA. All other trademarks, service marks, and logos used on the Sites are the trademarks, service marks, or logos of their respective owners.
7. User Conduct
You may not republish, upload, post, transmit or distribute content available through the Services to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the Services content or use of the Services content for any purpose other than Your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject You to legal liability and/or certain user restrictions.
In addition, in connection with Your use of the Sites and Services, You agree not to:
· Restrict or inhibit any other visitor from using the Sites or Services, including, without limitation, by means of “hacking” or defacing any portion of any of our websites;
· Use the Services for any unlawful purpose;
· Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services or any of our websites;
· “Frame” or “mirror” any content available through the Services or any of our websites without our prior written authorization;
· Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the content available through the Services or any of our Sites;
· Harvest or collect information about Sites or Services users without their express consent; or
· Use algorithms (Algos), automation or ANY computerized or mechanical method to place trades in reaction to posts or data on the MPA platform or to redistribute information.
You also agree that at all times You will:
· Comply with all applicable laws, rules and regulations in connection with Your use of the Sites and Services and the content made available therein;
· Be responsible for all statements made and acts or omissions that occur on Your user account while Your password is being used;
Waive any and all rights against MPA and hold MPA harmless in connection with any claims relating to any action taken by MPA as part of its investigation of a suspected violation or result of its conclusion that a violation of the TAC has occurred, including but not limited to the removal of posts, suspension or termination of Your membership account without refund. In the event MPA has reason to believe YOU are in violation of the TAC, MPA reserves the right to temporarily or permanently "throttle", delay or suspend data sent to to You in whole or in part.
While we make every effort to minimize the effects and potential volatility computerized Algos and bots may have on trade recommendations around the time stocks are mentioned, we cannot guarantee an Algos free environment. Locating and/or preventing Algos and 'bot" driven computerized trading that occurs around the time of our ratings, rankings, recommendations, etc. is far beyond our control.
8. Content from Other Websites
Content available through the Sites and Services may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, timeliness, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
Your use of certain features and certain Third-Party Content made available to You by MPA may be governed by additional rules, which are available on our Sites or by hyperlink from other websites, in connection with the Services. By using any feature, You are acknowledging that You have reviewed all corresponding rules and agree to be bound by them. Some Third-Party Content and some of the features may have been provided by third parties for Your use. In the event that any feature or tool is provided by a third party, such feature or tool may become unavailable in the event that the agreement between us and the third party is terminated. You expressly acknowledge and agree that Your use of all Third-Party Content and features and tools provided by third parties is solely at Your own risk.
9. Disclaimer of Warranties
The Sites and Services, and any content obtained or accessed through the Sites and Services, including without limitation Third-Party Content, is provided “as is” without representations or warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, MPA, its officers, directors, employees, subsidiaries, affiliates, suppliers, advertisers, and agents disclaim all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose or use, and all warranties relating to the adequacy, accuracy, timeliness or completeness of any information available through the Services.
MPA does not warrant and accepts no liability that Your use of the Sites or Services and any content, including without limitation, Third-Party Content, will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Sites or Services, or the server(s) on which the Sites and Services are hosted, are free of viruses, worms, malicious code, Trojan horses, malware, or other harmful components. MPA accepts no liability for any software downloaded from the Sites or Services. You acknowledge that You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Sites or Services, and all charges related thereto. You assume total responsibility and risk for Your use of the Sites or Services and Your reliance thereon. No opinion, advice, or statement of MPA or its affiliates, suppliers, agents, members, or visitors, whether made on the site or otherwise, shall create any warranty. Your use of the site, the content contained therein, and materials provided through the site, are entirely at Your own risk. MPA will not be liable for any informational errors, incompleteness, delays or any actions taken in reliance on information contained in the Sites or Services.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites or Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. You agree that MPA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Sites or Services.
Content available through the Sites and Services could include inaccuracies or errors, or materials that violate the TAC. Third parties may make unauthorized alterations to the content available through the Sites and Services. Although we attempt to ensure the integrity of our Sites and Services, we make no guarantees as to the completeness or correctness of any content available through the Sites or Services. In the event that such a situation arises, please contact us at email@example.com with, if possible, a description of the material You would like us to check and the location (URL) where such material can be found on our Sites or Services, if applicable, as well as information sufficient to enable us to contact You. We will try to address Your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on “Copyright Infringement” below.
Under no circumstances shall MPA be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
10. Limitation of Liability
NEITHER MPA NOR ITS AFFILIATES, SUPPLIERS, SUBSIDIARIES, ADVERTISERS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITES OR SERVICES AND/OR ANY CONTENT CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION, ANY THIRD-PARTY CONTENT, OR ANY SERVICES USED OR PURCHASED THROUGH MPA, WHETHER SUCH DAMAGE IS FORESEEABLE OR NOT AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FOR AVOIDANCE OF DOUBT, DAMAGES ARISING UNDER THE SECTION ENTITLED “INDEMNIFICATION” (INCLUDING WITHOUT LIMITATION DAMAGES TO WHICH A PARTY IS ENTITLED TO INDEMNIFICATION UNDER SUCH SECTION THAT SUCH PARTY SUFFERS IN CONNECTION WITH THIRD-PARTY CLAIMS FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARE DEEMED TO BE DIRECT DAMAGES OF THE INDEMNIFIED PARTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION REGARDING USE OF THE SITES OR SERVICES — WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE — SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SERVICES IN THE CURRENT CALENDAR YEAR OF YOUR SUBSCRIPTION.
You agree to indemnify, defend and hold harmless MPA and Mark Minervini, our current and former affiliates, our current and former officers, directors, employees, agents and representatives and their successors and assignees from and against any and all liabilities, claims, (including, without limitation, third-party claims), damages, losses, costs (including reasonable attorneys’ fees), or other expenses associated with or incurred as a result of or from (a) Your violation of the TAC; (b) Your use of the Services; (c) Your violation of the rights of any third party; (d) the actual or alleged infringement of any third party proprietary or intellectual property right arising out of the duplication, sale, distribution, or use of the Services, or (e) any liability arising from Your use of the Services including any User-Generated Content You create.
MPA reserves the right to restrict, suspend or terminate Your use of and registration on any of its Sites at any time for any reason in its sole discretion, with or without cause, without prior notice to You and without liability or further obligation of any kind whatsoever to You or any other party. MPA reserves the right to terminate Your access to any portion of the Services and, in some cases in the sole discretion of MPA, Your membership in the Premium Services, in the event You violate the TAC. In such case, You will not be entitled to receive a refund, reimbursement or any other credit for any portion of the subscription fee You paid.
You may terminate Your user account, username, member name, any associated email address with access to the Services by submitting such termination request to us at firstname.lastname@example.org.
13. Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The procedure under the DMCA for takedown notice is given below. See http://loc.gov/copyright/ for the most current statutory requirements.
If You believe in good faith that materials displayed on our Sites infringe Your copyright, You (or Your agent) may contact email@example.com with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest; (b) a description of the copyrighted work(s) or trademark(s) that You claim has been infringed; (c) a description of where the material that You claim is infringing is located on the website; (d) Your address, telephone number, and email address; (e) a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or trademark owner or authorized to act on the copyright or trademark owner’s behalf. Please note that You will be liable for damages (including costs and attorneys’ fees) if You materially misrepresent that any material on our sites is infringing Your copyrights.
14. Repeat Infringement
We have a policy of terminating the accounts of repeat infringers or otherwise taking reasonable steps to prevent such users from continuing to post. You agree that if Your account is terminated under these TAC, You will not attempt to establish a new account or otherwise post content under any name, real or assumed. You further agree that if You violate this restriction by opening a new account or otherwise posting content after being terminated pursuant to this policy, You shall indemnify and hold us harmless for any and all liability that we may incur therefore.
The Services are directed solely to individuals residing in the United States. We make no representation that materials provided through the Services are appropriate or available for use in other locations. If You access the Services from other locations, You do so on Your own initiative and at Your own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Services to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service that we provide.
You are responsible for promptly paying all fees associated with Your use or purchase of the Services (the “Fees”) at the time of purchase. You are also responsible for any applicable federal, state, or local franchise fees, surcharges, sales and use taxes, and any other taxes (except those related to MPA’s net income) related to the Services (collectively, the “Taxes”). You shall promptly pay all Taxes at the time of purchase.
The TAC, together with all MPA policies referred to herein, constitute the entire agreement between You and MPA relating to Your use of the Services and supersedes and any all prior or contemporaneous written or oral agreements on that subject between us. The TAC and the relationship between You and MPA are governed by and construed in accordance with the laws of the State of South Carolina, excluding (a) the application of principles of conflict of laws that otherwise might call for the application of the substantive law of another jurisdiction and (b) the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. You and MPA agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within Horry County, South Carolina, waive any jurisdictional venue, or inconvenient forum objections to such courts and such courts shall have the sole and exclusive jurisdiction over any action, suit or other proceeding arising out of or relating to these TAC, other than any action, suit or other proceeding arising from a breach of customer data.
If any provision of the TAC is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the TAC and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in the TAC is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right to require You to sign a non-electronic version of the TAC.
17. Legal Notices
California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
This investment blog (the “Blog”) is created and authored by Mark Minervini (the “Content Creator”) and is published and provided for informational and entertainment purposes only (collectively, the “Blog Service”), The information in the Blog constitutes the Content Creator’s own opinions. None of the information contained in the Blog constitutes a recommendation that any particular security, portfolio of securities, transaction, or investment strategy is suitable for any specific person. You understand that the Content Creator is not advising, and will not advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent any of the information contained in the Blog may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.
From time to time, the Content Creator or its affiliates may hold positions or other interests in securities mentioned in the Blog and may trade for their own account(s) based on the information presented. The Content Creator may also take positions inconsistent with the views expressed in its messages on the Blog.
The Content Creator and/or its affiliates may hold licenses with FINRA, the SEC or states securities authorities and these licenses may or may not be disclosed by the Content Creator in the Blog.
Investing in the investments discussed in the Blog may be risky and speculative. The companies may have limited operating histories, little available public information, and the stocks they issue may be volatile and illiquid. Trading in such securities can result in immediate and substantial losses of the capital invested. You should use invest risk capital, and not capital required for other purposes, such as retirement savings, student loans, mortgages or education.
The Blog may be temporarily unavailable from time to time for maintenance or other reasons. The Content Creator assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Blog. The Content Creator is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, or software occurring for any reason, including but not limited to, on account of technical problems or traffic congestion on the Internet or at any site or with respect to the Blog or combination thereof, including injury or damage to any person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading Content Creators’ content in connection with the Web and/or in connection with the Blog. Under no circumstances will the Content Creator be responsible for any loss or damage, including any personal injury or death, resulting from anyone’s use of the Blog, or any interactions between the Content Creator and readers of the Blog, whether online or offline. The Blog may provide information from or links to certain brokerage companies for your convenience only. The Content Creator does not endorse or recommend the services of any brokerage company. The brokerage company you select (and not the Content Creator) is solely responsible for its services to you.
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18. Welcome Call
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19. Future revisions
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In the event of any legal action or other proceeding arising under these terms or a dispute regarding any alleged breach, default, claim or misrepresentation arising out of these terms, whether or not a lawsuit is filed, the prevailing party shall be entitled to recover its reasonable costs and attorneys’ fees, whether incurred before suit, during suit, or in any appeal of such legal action or enforcement of any judgment obtained. The prevailing party shall also be entitled to recover any attorneys’ fees incurred in litigating the entitlement to attorneys’ fees and costs, as well as in determining or quantifying the amount of attorneys’ fees and costs due to that party.
VERY IMPORTANT DISCLOSURES
ALL TERMS, COMMENTARY AND RANKINGS POSTED ON THE MPA PLATFORM INCLUDING BUT NOT LIMITED TO BUY NOW, SELL NOW, SET BUY STOP, BUY ALERT, BREAKOUT ALERT, SET STOP LOSS, BUMP, REDUCE, POTENTIAL BREAKOUT, SELL SHORT, OR THE LIKE, ETC. DO NOT NECESSARILY MEAN THAT MARK MINERVINI AND/OR HIS PARTNERS OR AFFILIATES ARE INDEED BUYING OR SELLING THE SAME SHARES OR BUYING OR SELLING THEM AT THE SAME TIME AS THE PRICE RECOMMENDED OR WHEN MENTIONED. MARK MINERVINI AND/OR HIS AFFILIATES/PARTNERS. MAY OR MAY NOT PLACE ACTUAL TRADES IN NAMES MENTIONED OR MAY TRADE CONTRARY TO RANKINGS AND RECOMMENDATIONS MENTIONED OR AHEAD OR AFTER RANKINGS ARE POSTED AND MAY TRADE NAMES THAT ARE NOT MENTIONED. MARK MINERVINI ENGAGES IN VARIOUS TYPES OF TRADING INCLUDING DAY TRADING. IT SHOULD BE ASSUMED THAT MARK MINERVINI WILL BE SELLING SHARES OF STOCKS RECOMMENDED AND MENTIONED FOR A SHORT TERM GAIN THAT YOU MAY BE BUYING AS A LONGER TERM INVESTMENT OR MEDIUM TERM TRADE BASED ON INFORMATION POSTED TO THE MPA PLATFORM. A POSTED RECOMMENDATION COULD REPRESENT ACTUAL TRADING OR PURELY HYPOTHETICAL TRADING IN WHOLE OR IN PART; THERE WILL NOTHING POSTED OR DISCLOSED TO INDICATE THE DIFFERENCE OR WHICH IS OCCURRING IN REAL TIME. THE MPA PLATFORM IS FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT ASSUME YOU ARE TRADING THE SAME SHARES AT THE SAME TIME AS MARK MINERVINI. TRADES POSTED AND COMMENTARY DO NOT REPRESENT A MODEL PORTFOLIO. BUY, SELL AND STOP LOSS PRICES ARE MERELY SUGGESTED LEVELS, NOT ACTUAL RECOMMENDATIONS OR ADVICE OR A REFLECTION OF ACTUAL TRADING AND MAY IN FACT BE IN DIRECT CONFLICT WITH ANY ACTUAL TRADING THAT MAY TAKE PLACE IN MARK MINERVINI’S PERSONAL PORTFOLIO. REFERENCES MADE TO “CLOSED POSITIONS” OR “TRADING STATISTICS” MAY NOT REFLECT ACTUAL POSITIONS THAT WERE TRADED BUT ARE JUST A RECORD OF RECOMMENDATIONS THAT WERE POSTED ON THE PLATFORM AND MENTIONED AS BUYS AND SELLS FOR EDUCATION AND ILLUSTRATIVE PURPOSES. AT TIMES, MARK MINERVINI WILL HOLD MORE OR LESS POSITIONS THAN INDICATED AS OPEN POSITIONS ON THE PLATFORM OR POSITIONS NOT MENTIONED. OPEN POSITIONS OR ANY TRADES OR COMMENTARY POSTED ARE NOT NECESSARILY A REFLECTION OF AN ACTUAL TRADING ACCOUNT TRADED BY MARK MINERVINI. MARK MINERVINI MAY ENGAGE IN SHORT TERM TRADING, DAY TRADING, TRADING AROUND POSITIONS, BUYING OR SELLING BEFORE, AFTER OR INVERSELY TO RECOMMENDATIONS AND COMMENTARY POSTED, EMAILED OR MENTIONED ON THE PLATFORM OR APP. THE MPA SERVICE IN NOT A PORTFOLIO OR INVESTMENT PLAN OR A REPRESENTATION OF MARK MINERVINI’S PERSONAL TRADING. AT TIMES MARK MINERVINI MAY USE TERMS LIKE “I/OR WE BOUGHT” OR “I/OR WE SOLD.” THOSE TERMS MAY NOT REPRESENT ACTUAL BUYS AND SELLS BUT SIMPLY A REFERENCE TO THE DATES AND TIMES STOCKS WERE MENTIONED AND HIGHLIGHTED ON THE MPA PLATFORM. MPA IS NOT AN INVESTMENT PROGRAM OR COMPLETE INVESTMENT STRATEGY (REAL OR HYPOTHETICAL), THEREFORE WE MAKE NO PERFORMANCE CLAIMS OF RETURN ON CAPITAL BECAUSE THERE IN NO MODEL PORTFOLIO OR TRACK RECORD. MPA IS NOT AN INVESTMENT ADVISORY SERVICE OR INTENDED TO ACT AS AN INVESTMENT ADVISOR OR PORTFOLIO THAT SHOULD BE FOLLOWED OR MIMICKED IN WHOLE OR IN PART. MPA IS STRICTLY AN EDUCATION PLATFORM FOR INFORMATION PURPOSES ONLY. YOU SHOULD CONSULT YOUR OWN ADVISORS OR INVESTMENT PROFESSIONALS FOR INVESTMENT ADVICE. THERE IS SUBSTANTIAL RISK IN STOCKS. MARK MINERVINI IS NOT A REGISTERED INVESTMENT ADVISOR, FINANCIAL PLANNER OR BROKER/DEALER. THE MPA PLATFORM IS DESIGNED TO BE USED AS MONITORING/ALERTING/RESEARCH AND DEMONSTRATION TOOL PURELY FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY.
Certain of Our Representatives and other persons from our affiliates may, from time to time, have positions in, or buy or sell, the investments, securities or derivatives thereof that are referenced in the Content and may take positions inconsistent with the views expressed on the MPA platform. THERE WILL BE NO DISCLOSURE MADE WITH REGARD TO SUCH POSITIONS.
WE STRONGLY ADVISE NOT BUYING STOCKS BEYOND SUGGESTED BUY PRICES OR PAST THE PRICE WHEN POSTED. STOCKS THAT ARE RUNNING UP FAST AWAY FROM THE SUGGESTED BUY PRICE SHOULD BE AVOIDED. STOCKS THAT TRADE LOW VOLUME SHOULD BE CONSIDERED RISKY WITH THE POTENTIAL FOR HIGH VOLATILITY AND FAST PRICE MOVES.
STOP LOSSES POSTED ON OUR PLATFORM ARE MAXIMUM SUGGESTED STOPS BASED ON SWING TRADE EXPECTATIONS NOT MARK MINERVINI'S PERSONAL TRADING. RISK/REWARD SHOULD BE ASSESSED BASED ON YOUR OWN TRADING GOALS, TRADING TIME FRAME AND RISK TOLERANCE. IF YOU ARE SHORT TERM TRADING OR DAY TRADING OUR MAXIMUM SUGGESTED STOP LEVELS ARE NOT APPROPRIATE.
Stock notifications and comments are for informational purposes only. Posts and commentary are not an endorsement of any company or security and do not necessarily represent actual trading. Time stamps on posts or emails may not necessarily be the exact time of any real trades or there may be no trades placed or trades placed before or after time stamped posts, emails or app pushes. MPA has no obligation to disclose actual trades made by Mark Minervini, employees or affiliates. The MPA service is NOT intended for members to trade stocks mentioned as a portfolio or construct an investment program based on stocks or opinions posted.
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PLEASE DO NOT E-MAIL MINERVINI PRIVATE ACCESS, LLC OR ANY OF ITS REPRESENTATIVES FOR
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Our online investment newsletter sends out the same identical information to all subscribers. We DO NOT customize or tailor recommendations or advice to meet the individual goals and circumstances of any one subscriber. WE ARE NOT INVESTMENT ADVISORS OR FINANCIAL PLANNERS. We will answer general questions with regard the services we offer, but we will NOT answer questions about the individual financial circumstances of any subscriber or reader or about stocks unrelated to our services. Mark Minervini is not an investment advisor, nor a securities broker. The information provided in MinerviniPrivateAccess.com is made to investors and speculators in general and without regard to your investment goals, financial circumstances, investment knowledge and your abilities or personal attitudes towards investing or trading abilities. Investors can and do lose money from investments. Your decision to buy any securities is as a result your own free will and your own research.
MINERVINI PRIVATE ACCESS IS FOR EDUCATIONAL PURPOSES ONLY
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